Elizabeth Horrobin v BK Investments (Australia) Pty Ltd [2017] NSWLEC 1645

Elizabeth Horrobin v BK Investments (Australia) Pty Ltd [2017] NSWLEC 1645

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 on terms of a decision acceptable to them, and the Commissioner was satisfied that the decision was one the Court could have made in the proper exercise of its functions; the proceedings were therefore disposed of by orders giving effect to that agreement.

Jurisdiction
Australia
Judgment Date
13 November 2017
Procedural Posture
Class 3 Development Application / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Final orders made to give effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'easement for Structures, Support and Services' 'boundary Fence' 'costs']
['planning and Environment Law' 'property Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'easement for Structures, Support and Services' 'boundary Fence' 'costs']

Case Brief

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Procedural Posture

Class 3 Development Application / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the parties' agreement reached at or after the conciliation conference should be given effect under s 34(3) of the Land and Environment Court Act 1979." 'Whether the agreed decision was one the Court could have made in the proper exercise of its functions.']

Ratio Decidendi

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 on terms of a decision acceptable to them, and the Commissioner was satisfied that the decision was one the Court could have made in the proper exercise of its functions; the proceedings were therefore disposed of by orders giving effect to that agreement.

Court Disposition

Final orders made to give effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979.

Orders

  • ['The Respondent will at its cost cut the coping as described below.' 'The Respondent will at its cost install a new pier or suitable alternative support structure at the southwest corner of the remaining coping.' 'The Respondent will at its cost rebuild the masonry retaining wall to provide retaining of landscaping...